111545-1927-Supplementary-Draft-Bill--Illegal-Strikes — Page 2

Prevention of intimidation.

38 & 39 Vict. e. 86, s. 7.

Breach of contract of service to be

an offence in

certain cases.

38 & 39 Vict.

e. 86, ss, 4, 5.

294

to which he would otherwise be entitled, or liable to be placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the trade union or society, anything to the contrary in the rules of the trade union or society notwith- standing.

(2) Nothing in the rules of a trade union or society re- quiring the reference of disputes to arbitration shall apply to any proceeding for enforcing any right or exemption secured by this section, and in any such proceeding the court may, in lieu of ordering a person who has been expelled from membership of a trade union or society to be restored to membership, order that he be paid out of the funds of the trade union or society such sum by way of compensation or damages as the court thinks just.

5.-(1) No person shall, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or to abstain from doing, wrongfully and without legal anthority, -

(a) use violence to or intimidate such other person or

his wife or children, or injure his property; or,

(b) persistently follow such other person about from

place to place; or,

(e) hide any tools, clothes, or other property owned or used by such other person, or deprive him of or hinder him in the use thereof; or,

(d) watch or beset the house or other place where such other person resides, or works, or carries ou business, or happens to be, or the approach to such bouse or place; or,

(e) follow such other person with two or more other persons in a disorderly manner in or through any

street or road.

(2) It is hereby declared that it is unlawful for one or more persous (whether acting on their own behalf or on behalf of a trade union or society or of an individual employer or firm, and notwithstanding that they may he acting in contemplation or furtherance of a trade dispute) to attend at or near a house or place where a person resides or works or happens to be, for the purpose of obtaining or communicating information or of persuading or inducing any person to work or to abstain from working, if they so attend in such numbers or otherwise in such manner as to be calenlated to intimidate any person in that house or place, or to obsimet the approach thereto or egress therefrom, or to lead to a breach of the peace; and attending at or near any house or place in such numbers or in such manner as is by this sub-section declared to be unlawful shall be deemed to be a watching or besetting of that house or place within the meaning of sub-section (1).

(3) In this section the expression to intimidate means to cause in the mind of a person a reasonable appre- hension of injury to him or to any member of his family or of violence or damage to any person or property, and the expression "injury includes injury other than physical or material injury, and accordingly the expression "appre- hension of injury includes an apprehension of boycott, or loss of any kind, or of exposure to hatred, ridicule, or contempt.

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6.-(1) No person who is employed in the service of the Crown under the Government of Hong Kong shall wilfully break a contract of service with the Crown if be knows or has reasonable cause to believe that the probable Consequence of bis so doing, either alone or in combina- tion with others, would, failing the adoption of extraordi- nary measures, be to hinder or prevent the discharge of the functions of the Government.

(2) No person who is employed by any company, firm or person engaged in the business of supplying electric current or gus to the public, or engaged in maintaining any

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